HomeMy WebLinkAboutORD 2024-09 - Overtime Pay Eligible EmployeesORDINANCE NO. 7-624 -- 09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, AMENDING CHAPTER 3.01
OF THE CODE OF ORDINANCES BY ADDING SECTION
3.01.222 TO THE CODE OF ORDINANCES OF THE CITY
OF GEORGETOWN RELATING TO OVERTIME FOR
ELIGIBLE EXEMPT EMPLOYEES; REPEALING
CONFLICTING ORDINANCES AND RESOLUTIONS;
INCLUDING A SEVERABILITY CLAUSE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Section 2.16 of the Georgetown City Charter provides that the City Council
shall, by ordinance, establish personnel policies; and
WHEREAS, the "policy statement" portion of each personnel policy is codified in the
Code of Ordinances and the implementing procedures for each personnel policy are codified in a
separate Personnel Manual;
WHEREAS, the City Council finds it necessary to provide additional compensation for
eligible FLSA exempt employees under circumstances that require additional work hours to
address a major weather event or a significant disruption of City services; and
WHEREAS, the City Council finds it necessary to update the personnel policy governing
overtime for eligible exempt employees as set out herein.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GEORGETOWN, TEXAS, THAT:
Section 1. The meeting at which this ordinance was approved was conducted in
compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551.
Section 2. The facts and recitations contained in the preamble of this ordinance are hereby
found and declared to be true and correct and are incorporated by reference herein and expressly
made a part hereof, as if copied verbatim.
Section 3. Section 3.01.222 of the Code of Ordinances is hereby added as follows:
Sec. 3.01.222. - Overtime for Eligible Exempt Employees
A. Purpose: To provide guidelines for administering overtime pay for eligible
exempt employees, manage time and fiscal resources, and comply with
applicable federal and state wage and hour regulations ensuring an attractive
and fair work environment.
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B. Scope: This policy applies to eligible exempt employees ordered to respond to
an incident, emergency, local state of emergency, disaster, or local state of
disaster.
C. Definitions: In this section:
"Disaster" has the same meaning as defined in Section 2.76.120 of this
Code.
"Eligible exempt employees" means FLSA exempt employees who have
been identified by Department Directors as being essential to report to work
during activation of the Emergency Operations Center (EOC); declaration
of a local, state, or federal disaster; or as designated by the City Manager.
"Emergency" has the same meaning as defined in Section 2.76.120 of this
Code.
"Emergency operations center" has the same meaning as defined in Section
2.76.120 of this Code.
"Incident" has the same meaning as defined in Section 2.76.120 of this
Code.
"Local state of disaster" has the same meaning as defined in Section
2.76.120 of this Code.
"Local state of emergency" has the same meaning as defined in Section
2.76.120 of this Code.
D. Policy: Eligible exempt employees may be ordered to work overtime.
Supervisors are accountable for distributing overtime assignments as equitably
as practical to employees required to perform work while also taking into
consideration the associated costs.
Overtime for eligible exempt employees is only compensable when there is an
incident, emergency, local state of emergency, disaster, or local state of disaster
and the eligible exempt employee is ordered to perform work in response to the
incident, emergency, local state of emergency, disaster, or local state of disaster
and the hours worked are in excess of forty hours in a work week (See Hours
of Work and Paydays #210).
Section 4. All ordinances or resolutions that conflict with the provisions of this ordinance
are hereby repealed, and all other ordinances or resolutions of the City not in conflict with the
provisions of this ordinance shall remain in full force and effect.
Section 5. If any provision of this ordinance, or application thereof, to any person or
circumstance, shall be held invalid, such invalidity shall not affect the other provisions, or
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application thereof, of this ordinance, which can be given effect without the invalid provision or
application, and to this end the provisions of this ordinance are hereby declared to be severable.
Section 6. The Mayor is hereby authorized to sign this ordinance and the City Secretary to
attest. This Ordinance shall become effective and be in full force and effect in accordance with the
provisions of the City Charter of the City of Georgetown.
PASSED AND APPROVED on First Reading on the of 2024.
PASSED AND APPROVED on Second Reading on the Z'I'O^-of , 2024.
CITY OF �X7Of(GETOWN, TEXAS
osh Schroeder, Mayor
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Robyn De more, Ciftecretary
APPROVED AS TO FORM:
Skye Masson, dity Attorney
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